Vijay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39231 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vijay Sah Son of Late Bhola Sah Resident of Village -Mehsi, P.S- Mehsi, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and co-accused Janki Devi were caught while they were sitting in a train and beneath the seat of the petitioner, in huge quantity, Nepali liquor was recovered.

Submission on behalf of the petitioner is that the aforesaid recovery has not been made from conscious possession of the petitioner and even if the story, as propounded by the informant, is assumed to be true, then also , there is nothing on the record to show that the seized liquor belongs to the petitioner. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two

Patna High Court Cr.Misc. No.39231 of 2016 (2) dt.26-09-2016 2/2 sureties of the like amount each to the satisfaction of Railway Judicial Magistrate 1st class, Bettiah, West Champaran in connection with Raxaul Rail P.S.Case No. 08 of 2016. (Hemant Kumar Srivastava, J) N.K/- U T